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Journal articles on the topic 'Political aspects of Civil law'
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1
Тимчук, А. Л., and Н. В. Полторацька. "Theoretical aspects of the civil society phenomenon." Public administration aspects 7, no. 12 (January 20, 2020): 104–12. http://dx.doi.org/10.15421/151970.
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The article analyzes idealistic views on the phenomenon of "civil society". The authors emphasize that civil society is a society of justice and civil consensus, where each citizen is guaranteed civil, political and socio-economic rights and explores the basic features (features) of civil society. First, it is a society of justice. The next major feature is civic consent, that is, the establishment of a new social order through dialogue and spiritual and political consensus.According to the authors, human rights are guaranteed in every democratically organized society, and the state claiming to be legal has no right, but is obliged in its legislation to foresee and actually guarantee by legal and other means those rights which are due to the state recognitions acquire the character of subjective legal rights. As a result of the adoption of international standards by states, the very concept of a person and in domestic law becomes legal and designates citizens of that state, as well as foreigners and stateless persons who reside in its territory. And human rights are those rights that belong to every person regardless of their nationality.The authors conclude that no sharp and insurmountable boundary can be drawn between human rights and citizens' rights. Human rights are a social category. They are formed objectively as a result of the development and improvement of social production and the system of public administration of society in the form of social opportunities to enjoy various economic, political and spiritual benefits, and exist before their state recognition. And citizens' rights are those human rights that are under the protection and protection of the state.
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Clark, Roger S. "Some International Law Aspects of the East Timor Affair." Leiden Journal of International Law 5, no. 2 (October 1992): 265–71. http://dx.doi.org/10.1017/s0922156500002508.
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On December 7, 1975 Indonesian forces invaded the territory of East Timor, a Portuguese colony for some four and a half centuries. Following the 1974 Portuguese revolution, East Timor, like other Portuguese non-self-governing territories had been going through a process of self determination. Portuguese authorities evacuated the territory in August 1975 during civil disorders, condoned if not fomented by the Indonesians. The Frente Revolucianaria de Timor Leste Independente (FRETILIN), a popular group which aimed at independence for the territory after a short transitional period, gained the upper hand. It declared independence on November 28, 1975, hoping this would strengthen its hand in dealing with Indonesian border incursions. A full-scale Indonesian invasion followed.
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Zaika, Yuri O., Oleksandr Ye Kukhariev, Volodymyr L. Skrypnyk, and Aliesia A. Mytnyk. "Peculiarities of Protection of Rights and Interests of Heirs: Theoretical Aspects." International Journal of Criminology and Sociology 10 (December 31, 2020): 355–62. http://dx.doi.org/10.6000/1929-4409.2021.10.43.
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The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.
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Kusumaningrum, Adi. "Recent Development in International Treaties Relating to Aviation: New Standardization of International Air Law." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 02 (2020): 268–88. http://dx.doi.org/10.22304/pjih.v7n2.a7.
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Globalization is identified with the development of treaties into national domain law. Initially, such treaties did not appear as legal regulations but as standard/harmonized-setting for member states. Since the establishment of Chicago Convention on Civil Aviation, 1944, treaties on aviation keep developing well both on the aviation operational technique and economic aspect. Those treaties nowadays have turned into the source of international aviation law. Treaty has been one of the bases of domestic law for almost nations in the world. As a result, the global requirements need to be adjusted into national law of states. States are bound both legally and politically to verdicts of International organizations. The process of regulation and decision making in International organizations should be based on democratic procedures of member states either in the construction of final draft or in negotiation and arrangement of regulation or resolution drafts. Specifically, this article discusses recent development of international treaties relating to aviation from both operational and economic aspects. Following Assembly 39th Session, ICAO, member states of ICAO, including Indonesia, made several multilateral agreements. The ratification of International treaties should consider the effects on legal, political, and security aspects. For Indonesia, one of the aspects that should never be neglected is strategic airspace, both geographically and geopolitically.
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Kusumaningrum, Adi. "Recent Development in International Treaties Relating to Aviation: New Standardization of International Air Law." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 02 (2020): 268–88. http://dx.doi.org/10.22304/pjih.v7n2.a7.
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Globalization is identified with the development of treaties into national domain law. Initially, such treaties did not appear as legal regulations but as standard/harmonized-setting for member states. Since the establishment of Chicago Convention on Civil Aviation, 1944, treaties on aviation keep developing well both on the aviation operational technique and economic aspect. Those treaties nowadays have turned into the source of international aviation law. Treaty has been one of the bases of domestic law for almost nations in the world. As a result, the global requirements need to be adjusted into national law of states. States are bound both legally and politically to verdicts of International organizations. The process of regulation and decision making in International organizations should be based on democratic procedures of member states either in the construction of final draft or in negotiation and arrangement of regulation or resolution drafts. Specifically, this article discusses recent development of international treaties relating to aviation from both operational and economic aspects. Following Assembly 39th Session, ICAO, member states of ICAO, including Indonesia, made several multilateral agreements. The ratification of International treaties should consider the effects on legal, political, and security aspects. For Indonesia, one of the aspects that should never be neglected is strategic airspace, both geographically and geopolitically.
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Blomley, Nicholas. "Civil Rights Meet Civil Engineering: Urban Public Space and Traffic Logic." Canadian journal of law and society 22, no. 2 (August 2007): 55–72. http://dx.doi.org/10.1017/s0829320100009352.
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RésuméEn dépit de divergences idéologiques, les travaux savants sur l'espace public entendu comme site de rencontre entre les gens ont eu tendance à se centrer sur ses aspects éthiques et politiques. Cela s'est fait au détriment de ce que l'auteur nomme «la logique de circulation», une perspective envahissante de l'espace public qui fait valoir le mouvement et le flux des piétons et ne discrimine guère entre des corps et des choses. L'article illustre la fréquence et les conséquences de la logique de circulation en référant aux règlements municipaux de Vancouver. L'auteur relève ses importantes conséquences grâce à de brèves discussions de cas impliquant la mendicité et des manifestations publiques. L'étendue de la logique de circulation et l'évidence bureaucratique, bien qu'importantes, permettent mal de discerner ses effets comme sa portée. Forme influente bien que courante de la gouvernance urbaine, elle exige un examen plus minutieux.
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Hrybachova, I. P., and Y. A. Shevtsov. "Weapons turnover in the civil law of Ukraine." Legal horizons, no. 23 (2020): 22–26. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p22.
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Now days Ukrainian legislation is at the stage of active reformation in order to modernize It and adapt it to European standards. The changes affected all branches of law, including civil law. Now, such changes are mainly related to issues of intellectual property, land ownership, legal personality of persons and a number of procedural issues. In many areas of society, there is a partial liberalization of processes, including, both from the state and from the population, there are more and more proposals for the introduction of things that were previously completely or partially restricted in circulation. That is why, against the background of large-scale reforms, the issue of legalizing weapons for the population has become quite resonant. The issue of weapons has always been of interest to Ukrainians. there have been numerous discussions in the media, public discussions in society and even in political circles. Proponents of gun liberalization say this will allow everyone to protect themselves, their families and their property. They also often refer to the success of legalization in the United States and European countries, such as Finland, Germany, Estonia, Italy, and others [14]. However, there are a large number of opponents of the legalization of weapons, who explain their position by saying that weapons are too dangerous to be owned by everyone. The article is devoted to the analysis current legislation which is regulate the law aspects of weapons, the necessity legalization of weapons, the research of related problems and ways of their solution. Therefore, it is very important to explore the prospect of legalizing weapons in order to understand how this is possible and really necessary in Ukraine today. In addition, it is very appropriate to investigate the legal aspect of civil arms trafficking, because for a long time, the legislation has not changed or been updated, so there is a real necessity to strengthen control over civilian weapon trafficking.
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Kelly, P. J. "Utilitarianism and Distributive Justice: The Civil Law and the Foundations of Bentham's Economic Thought." Utilitas 1, no. 1 (May 1989): 62–81. http://dx.doi.org/10.1017/s0953820800000066.
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Between 1787, and the end of his life in 1832, Bentham turned his attention to the development and application of economic ideas and principles within the general structure of his legislative project. For seventeen years this interest was manifested through a number of books and pamphlets, most of which remained in manuscript form, that develop a distinctive approach to economic questions. Although Bentham was influenced by Adam Smith's An Inquiry into the Nature and Causes of the Wealth of Nations, he neither adopted a Smithian vocabulary for addressing questions of economic principle and policy, nor did he accept many of the distinctive features of Smith's economic theory. One consequence of this was that Bentham played almost no part in the development of the emerging science of political economy in the early nineteenth century. The standard histories of economics all emphasize how little he contributed to the mainstream of late eighteenth and early nineteenth-century debate by concentrating attention on his utilitarianism and the psychology of hedonism on which it is premised. Others have argued that the calculating nature of his theory of practical reason reduced the whole legislative project to a crude attempt to apply economics to all aspects of social and political life. Put at its simplest this argument amounts to the erroneous claim that Bentham's science of legislation is reducible to the science of political economy. A different but equally dangerous error would be to argue that because Bentham's conception of the science of legislation comprehends all the basic forms of social relationships, there can be no science of political economy as there is no autonomous sphere of activity governed by the principles of economics. This approach is no doubt attractive from an historical point of view given that the major premise of this argument is true, and that many of Bentham's ‘economic’ arguments are couched in terms of his theory of legislation. Yet it fails to account for the undoubted importance of political economy within Bentham's writings, not just on finance, economic policy, colonies and preventive police, but also in other aspects of his utilitarian public policy such as prison reform, pauper management, and even constitutional reform. All of these works reflect a conception of political economy in its broadest terms. However, this conception of political economy differs in many respects from that of Bentham's contemporaries, and for this reason Bentham's distinctive approach to problems of economics and political economy has largely been misunderstood.
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RAMAN, BHAVANI. "Civil Address and the Early Colonial Petition in Madras." Modern Asian Studies 53, no. 1 (January 2019): 123–49. http://dx.doi.org/10.1017/s0026749x17000944.
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AbstractIn recent years, petitioning cultures have attracted scholarly interest because they are seen as germane to the infrastructure of political communication and modern associative life. Using materials from early colonial Madras, this article discloses a trajectory of the appeal which is different from its conventional place in the social theory of political communication. Colonial petitions carried with them the idea of law as equity through which a paternalist government sought to shape a consenting subject, even as this sense of equity was layered by other meanings of justice. In this sense petitions reworked and exceeded the idioms of imperial law and justice. Thus two aspects of the colonial petition are the focus of this article: its genealogies in the institutional history of the early modern corporation that transmitted notions of law as equity, and the recursive and heteroglossic nature of the language of appeal that enabled this text-form to be an enduring site for refashioning terms of address.
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Vranken, Martin. "Duty to Rescue in Civil Law and Common Law:Les Extremes Se Touchent." International and Comparative Law Quarterly 47, no. 4 (October 1998): 934–42. http://dx.doi.org/10.1017/s0020589300062618.
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The death of Diana, Princess of Wales, following a car accident in Paris on 31 August 1997, received worldwide media attention. The place of the accident as well as the circumstances thereof raise a number of legal questions. Of particular interest from a comparative tort law perspective are those aspects of the French enquiry that concern the civil implications of the criminal offence of failing to assist accident victims.2
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Atamanenko, Artemiy. "Conflict of interest in the civil service in terms of political law." nauka.me, no. 1 (2021): 1. http://dx.doi.org/10.18254/s241328880015051-0.
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The study of the structures of legal regulation of moral and political relations is an extremely important aspect of building an effective and optimal political system. To work out a constructive vector of political development, it is necessary to deconstruct the logic of the emergence of political legislation. Which conceptual foundations of such regulation can be extracted from the classical theory? It is this question that determines the necessity and urgency of interdisciplinary consideration of this discussion field. The article presents a model of socio-political discourse that legitimizes moral and political arguments in the formation of a legislative basis for regulating conflicts of interest.
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Finnin, Sarah. "MENTAL ELEMENTS UNDER ARTICLE 30 OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT: A COMPARATIVE ANALYSIS." International and Comparative Law Quarterly 61, no. 2 (April 2012): 325–59. http://dx.doi.org/10.1017/s0020589312000152.
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AbstractThe Rome Statute of the International Criminal Court is the first international instrument that includes a general provision on the mental element required before criminal responsibility for an international crime attaches (Article 30). This article analyses that provision from a comparative perspective, drawing on common law and civil law understandings of intent. It analyses the jurisprudence and commentary concerning Article 30 in detail, and attempts to draw some conclusions as to what aspects of the common law and civil law concepts of intent are covered by it.
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Riora, Muhammad, Ulya Kencana, and Kun Budianto. "Netralitas Politik Aparatur Sipil Negara dalam Perspektif Perlindungan Hak Asasi Manusia." Wajah Hukum 4, no. 2 (October 19, 2020): 355. http://dx.doi.org/10.33087/wjh.v4i2.189.
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In the legal and governmental aspects, bureaucratic reform is very urgent to be realized, including the policy of ASN political neutrality. Therefore, this study aims to analyze the political neutrality policy of ASN according to Law Number 5 of 2014 concerning State Civil Servants in the Perspective of Human Rights Protection. The scope of this research is carried out by drawing legal principles against written positive law. Legal principles are used in interpreting Law Number 5 of 2014 concerning ASN by relating it to the perspective of protecting human rights. The method used is normative juridical legal research using secondary data. The research results reveal that every civil servant organization does not take sides with any form of influence and interests of anyone. In this case, there are restrictions on the political rights of ASN according to Law Number 5 of 2014 concerning State Civil Servants not violating human rights as stipulated in the 1945 Constitution of the Republic of Indonesia. According to the principles of Islamic law, ASN must be neutral and obedient to leaders. Elected without antagonizing him. Thus, it is concluded that the ASN political neutrality policy has met 4 indicators of a rule of law, namely protection of human rights, distribution of power, governance based on laws and regulations, and state administrative court.
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Atilgan, Hatice. "Reframing civil disobedience as a communicative action." International Journal of Sociology and Social Policy 40, no. 1/2 (December 18, 2019): 169–83. http://dx.doi.org/10.1108/ijssp-06-2019-0127.
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Purpose Civil disobedience is often defined as a public, conscientious, nonviolent act of breaking the law in an attempt to change an unjust policy or law. When applied to real-life situations, this widely accepted definition overlooks key features of civil disobedience and ignores civil acts that fundamentally challenge undemocratic institutions or the state and make socio-political changes possible. The purpose of this paper is to criticize and revise the conceptual, ethical and socio-political understandings of civil disobedience by integrating deliberative theory with some radical perspectives on civil disobedience. Design/methodology/approach This paper integrates and critically revises previous approaches to the justification and role of civil disobedience in democratic systems. Specifically, the ethical concerns about civil disobedience are discussed and the deliberative concept of civil disobedience is expanded as a form of political contestation by incorporating the socio-political aspects of civil disobedience. Although it is a conceptual discussion, the paper opted for an exploratory approach using empirically related examples to illustrate the theoretical discussion. Findings The paper provides a new perspective to the literature on civil disobedience. The critical review shows that the limited general understanding of civil disobedience conceptually is not useful to analyze various forms of civil disobedience. Research limitations/implications The reviewed literature is limited due to a limited space. Practical implications The paper includes practical implications for policymakers and authorities when evaluating and responding to civil actions more effectively and for members of civil movements and organizations when creating new forms of civil protest and effective responses to authorities. Originality/value This paper may be a modest first attempt to reframe the concept of civil disobedience by integrating deliberative democracy theory and some radical perspectives.
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Kennett, Wendy. "I. The Treaty of Amsterdam." International and Comparative Law Quarterly 48, no. 2 (April 1999): 465–66. http://dx.doi.org/10.1017/s0020589300063314.
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The Treaty of Amsterdam, expected to come into force this year, opened up new horizons in relation to European civil procedure. Article 65 of the revised EC Treaty will bring various aspects of civil procedure within the scope of Community law, in so far as they are “necessary for the proper functioning of the internal market”.1 It states:
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Dragiewicz, Molly. "Domestic Violence and Family Law: Criminological Concerns." International Journal for Crime, Justice and Social Democracy 3, no. 1 (April 2, 2014): 121–34. http://dx.doi.org/10.5204/ijcjsd.v3i1.109.
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The battered women’s movement in the United States contributed to a sweeping change in the recognition of men’s violence against female intimate partners. Naming the problem and arguing in favor if its identification as a serious problem meriting a collective response were key aspects of this effort. Criminal and civil laws have been written and revised in an effort to answer calls to take such violence seriously. Scholars have devoted significant attention to the consequences of this reframing of violence, especially around the unintended outcomes of the incorporation of domestic violence into criminal justice regimes. Family law, however, has remained largely unexamined by criminologists. This paper calls for criminological attention to family law responses to domestic violence and provides directions for future research.
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Pogrebennyk, Olga I. "Code or court: the financial-political aspect of correlation between common and civil law." European Journal of Law and Economics 37, no. 2 (June 4, 2011): 175–81. http://dx.doi.org/10.1007/s10657-011-9263-6.
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Palmer, Michael J. E. "Civil Adoption in Contemporary Chinese Law: A Contract to Care." Modern Asian Studies 23, no. 2 (May 1989): 373–410. http://dx.doi.org/10.1017/s0026749x00001104.
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An outstanding feature of the far-reaching plans for development which China has been earnestly promoting under the general rubric of the ‘four modernizations’ is the post-Mao leadership's determined effort to revive and thoroughly institutionalize a meaningful and formal legal system. There is an obvious and sharp distinction between the policies towards law pursued during the period between the mid-1950s and the mid-1970s and the more recent attempts to fashion a pivotal role for law in Chinese society. Throughout much of the course of socialist rule China's leaders have been concerned not with promoting effective legal institutions but, rather, with the direct insertion of extrinsic political norms and values into the law. During the Cultural Revolution many important legal structures ceased to function. In contrast, in the years since 1978 an important aspect of the rigorous political reaction to the uncertainty and conflict of the Cultural Revolution has been unequivocal support for the establishment of a sound legal system. The leadership now believes that systematic and regulated law-making, public awareness of the law, and proper application of the rules should be integral elements in the administration of justice in the PRC. The hope is that this approach will prevent the recurrence of arbitrary political rule, curb reliance on ‘connections’ or guanxi in bureaucratic conduct, promote economic growth and generally encourage the development of a more predictable and orderly social life.
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Ross, Hamish. "Judicial Responses to Violations of the Emotional, Physical, Psychological and Sexual Integrity of the Child." International Journal of Children’s Rights 27, no. 2 (May 10, 2019): 373–409. http://dx.doi.org/10.1163/15718182-02702004.
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This article examines the use of limitation laws in the context of civil law claims under English law and Scots law brought by adult claimants in relation to allegations of historical abuse in childhood. Using case law as a barometer of judicial attitudes towards such claimants and, by extension, towards the child victims of abuse themselves, differences in judicial approach between the two jurisdictions are critically assessed, entailing some weighing and evaluation of the argumentative coherence and persuasive force of the judicial decision-making in question. Key aspects of the discussion are framed in terms of recurrent issues that have arisen in relevant case law. The overall aim is to inform a wider debate about the success or failure of civil law mechanisms of redress in rendering justice to those whose right to emotional, physical, psychological or sexual integrity has been violated in childhood.
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Stover, Eric, Mychelle Balthazard, and K. Alexa Koenig. "ConfrontingDuch: civil party participation in Case 001 at the Extraordinary Chambers in the Courts of Cambodia." International Review of the Red Cross 93, no. 882 (June 2011): 503–46. http://dx.doi.org/10.1017/s1816383111000439.
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AbstractThe Extraordinary Chambers in the Courts of Cambodia (ECCC) is unique because it is the first international criminal tribunal to allow victims of alleged crimes to act as civil parties at trial. This means that victims can have a role at the ECCC beyond being called as witnesses. After presenting the history of victim participation in national and international war crimes trials, this article examines how civil party participation shaped the trial proceedings at the ECCC, and how the civil parties viewed their interactions with the court. It concludes by reflecting on the positive and negative aspects of civil party participation in theDuchtrial, and what implications such participation may have for future trials at the ECCC and other international criminal courts.
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Towadi, Mellisa, Nur Mohamad Kasim, Rumawi Rumawi, and Siti Asifa Tahir. "An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects." Jambura Law Review 3, no. 1 (December 14, 2020): 55–71. http://dx.doi.org/10.33756/jlr.v3i1.7730.
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This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.
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Kogut, B., P. Lubiewski, and J. Ziobro. "THEORETICAL AND PRACTICAL ASPECTS OF CIVIL DEFENSE - CURRENT STATE AND DIRECTIONS FOR PERFECTION." Bulletin of Lviv State University of Life Safety 21 (July 30, 2020): 32–38. http://dx.doi.org/10.32447/20784643.21.2020.03.
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The article presents legal and organizational issues related to the functional and institutional enterprises of the Civil Defense in the Republic of Poland. It was assumed that the article will be based on common knowledge from widely available studies covering the last thirty years, which means it was obtained from literature written after the political changes in Poland. The second assumption was to use the provisions of generally applicable law, both Polish and laws ratified by the Republic of Poland. Valuable sources of information subjected to analysis were also the few scientific papers released in Polish academic centers and studies prepared for the needs of the National Headquarters of the State Fire Department Service in Warsaw. The article was divided into three parts. They include: introduction, methodological assumptions, subject-and-object scope of civil defense and summary that point the direction of necessary projects aimed at improving civil defense. The article focuses on the diagnosis of the condition of applied solutions with a precise definition of the purpose, duties, tasks and powers of the authorities competent in civil defense matters. This work presents the results of an analysis of bibliographic sources, which, according to the authors' statements, was considered the most appropriate due to the adopted methodological assumptions, mainly in the scope of the adopted objective and research problem. The conducted analysis proves that the Civil Defense organization functioning in its present form for almost twenty years needs improvement. Its purpose, tasks and structure do not require changes. However, the system of directing and supervising civil defense formations calls for a different look. Changes are also necessary in terms of functional and institutional links with other state entities responsible for general security. The authors of the article put forward directions for improving the functioning of civil defense, by better adapting to the law in force in Poland regulating the issues concerning following systems: crisis management, state emergency medical services and emergency alerting. The results of the conducted research indicate, on the one hand, the need to rationalize civil defense but without the need to amend the provisions relating to the issues of conducting rescue operations.
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Adygezalova, Gyul'naz Eldarovna, Marina Mikhailovna Kuryachaya, Ruslan Mukharbekovich Dzidzoev, and Irina Valerevna Shapiro. "Discussing the Political and legal importance of the 2020 Russian Constitutional Reform." Юридические исследования, no. 2 (February 2021): 24–35. http://dx.doi.org/10.25136/2409-7136.2021.2.35076.
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This article provides an overview of the speeches given by the participants of the All-Russian Scientific Practical Conference including international members “2020 Russian Constitutional Reform: political and legal importance” held remotely on December 4, 2020 by the Department of Constitutional and Municipal Law of Kuban State University jointly with the Interregional Association of Constitutionalists of Russia in Krasnodar Krai. The author describes the key provisions of the reports of the Russian and foreign participants, as well as messages received by the organizational committee of the conference. The general conclusions on the conference results are formulated. In the course of discussions were outlined the primary theoretical problems and practical aspects of constitutional legal development, as well as the trends of further improvement of the legislation. Within the framework of the discussion of 2020 constitutional reform, the participants placed emphasis on the peculiarities of modern Russian constitutionalism, its historical and theoretical aspects; questions of social and civil activism, expansion of the constitutional principles of civil society; renewal and transformation of the entire system of legal regulation; enhancement of the social component in the Constitution; consolidation of the unity of public authority; changes in the judicial system, broadening of competence of the Constitutional Court of the Russian Federation; networking of public legal relations; protection of human rights and fundamental freedoms, guarantees of rights and support of particular categories of Russians (minors, compatriots residing outside of Russia, etc.); correlation between the norms of international and national law. A number of participants gave attention to voting on the amendments to the Constitution of the Russian Federation.
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Civinskas, Remigijus, Natalja Gončiarova, and Saulius Pivoras. "The Application of Customer Service Standards and Street-Level Bureaucrats’ Discretion in Lithuanian State Agencies." Baltic Journal of Law & Politics 13, no. 2 (December 1, 2020): 109–34. http://dx.doi.org/10.2478/bjlp-2020-0013.
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Abstract The main purpose of this article is to explore how standardization of the public service provision and introduction of customer service standards affect the de facto discretion of civil servants. The study uses a qualitative case study approach. Two main research methods were used to gather data – semi-structured interview and document analysis. Analysis of the empirical data revealed that written standards only partially affect the de facto discretion of civil servants. The customer interaction standards define only a few civil servants’ actions, and do not cover all aspects of the communication between civil servants and customers. Application of written standards is flexible especially in non-typical situations. Customer service standards do not restrict the actions of civil servants when they focus on customer problems, which is especially important when dealing with socially vulnerable customers. This study explores the use of customer service standards as a public management tool. The research data can be useful for understanding and improving customer interaction standards and its practical application.
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Lowe, Nigel V. "Case studies on the 1980 Hague convention on the civil aspects of International child abduction." ERA Forum 4, no. 1 (March 2003): 113–20. http://dx.doi.org/10.1007/s12027-003-0021-0.
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Bhatia, Vijay K., and Christopher N. Candlin. "Analysing Arbitration Laws across Legal Systems." HERMES - Journal of Language and Communication in Business 17, no. 32 (March 7, 2017): 13. http://dx.doi.org/10.7146/hjlcb.v17i32.25755.
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In this paper, the national Indian and Chinese statutes on arbitration are compared with the UNCITRAL Model Law. After a presentation of the GILD-MMC project, focus is especially on textual aspects indicating attitudes towards the relation between the administrative powers and the parties in commercial arbitration. Thus, looking at the features all-inclusiveness, information load, information spread, legislative style and transparency signifi cant differences are found and related to the different com municative purposes (overall model vs. specifi c national rules), the different legal traditions (common law vs. civil law) and the different political systems (westernised market economy vs. socialist market economy).
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Lahti, Raimo. "Constitutional Rights and Finnish Criminal Law and Criminal Procedure." Israel Law Review 33, no. 3 (1999): 592–606. http://dx.doi.org/10.1017/s0021223700016071.
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The constitutional aspects of criminal law and criminal procedure only began to receive serious attention in Finland in the 1990s. The remarkable change in legal thinking and practice in this respect was connected to two major legislative reforms: firstly, Finland ratified the European Convention on Human Rights and Fundamental Freedoms (ECHR) in 1990 and, secondly, new provisions on fundamental (basic) rights were incorporated in the Finnish Constitution in 1995. A fully revised new Constitution of Finland was enacted in 1999 (to be entered into force on 1 March 2000), but the substance of fundamental rights and freedoms was confirmed already in the constitutional reform of 1995.Those aspects had not, however, been completely overlooked before. Most of the relevant human rights treaties were eventually ratified in Finland (e.g., the International Covenant on Civil and Political Rights, CCPR) and, when ratified, they were incorporated into the domestic legal order. Nevertheless, courts or administrative authorities very seldom referred to human rights treaties or constitutional rights before the late 1980s; a tradition of invoking constitutional rights in the courts was lacking. Instead, human rights treaties and constitutional rights were primarily regarded as binding the legislator.
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Qian, Yijiang Karina. "The Institutionalization of Democratic Civil Society in Taiwan: A Case Study of NGOs Working on the Hsi-Chih Trio Case." Asian Survey 49, no. 4 (July 1, 2009): 716–39. http://dx.doi.org/10.1525/as.2009.49.4.716.
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A young democracy, Taiwan lacks agencies of horizontal accountability and aspects of a thick rule of law. This paper examines how an institutionalized, democratic civil society has held the antiquated judiciary vertically accountable for violations of due process in the famous Hsi-Chih Trio death penalty case.
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Villa, Alejandro Valencia. "Diálogos militares by Diego García de Palacio: The first American work on the law of nations." International Review of the Red Cross 32, no. 290 (October 1992): 446–51. http://dx.doi.org/10.1017/s0020860400070972.
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Over the years the Americas have made significant contributions to the development of international humanitarian law. These include three nineteenth-century texts which constitute the earliest modern foundations of the law of armed conflict. The first is a treaty, signed on 26 November 1820 by the liberator Simón Bolívar and the peacemaker Pablo Morillo, which applied the rules of international conflict to a civil war. The second is a Spanish-American work entitled Principios de Derecho de Genres (Principles of the Law of Nations), which was published in 1832 by Andrés Bello. This work dealt systematically with the various aspects and consequences of war. The third is a legal instrument, signed on 24 April 1863 by United States President Abraham Lincoln, which codified the first body of law on internal conflict under the heading “Instructions for the Government of Armies of the United States in the Field” (General Orders No. 100). This instrument, known as the Lieber Code, was adopted as the new code of conduct for the armies of the Union during the American Civil War.
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Spiridonov, P. E. "Non-Profit Organizations as Subjects of Administrative Law." Lex Russica, no. 1 (January 1, 2019): 51–61. http://dx.doi.org/10.17803/1729-5920.2019.146.1.051-061.
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The article considers the role of non-profit organizations in the system of public administration and focuses on the peculiarities of their administrative and legal status. The author highlights an increasing role of nonprofit organizations in the system of public administration, as it is connected with the evolution of the mechanism of public administration, its decentralization and attempts to use the mechanisms of self-organization. Due to the possibility of delegation of a number of public powers by the state to non-profit organizations, it is concluded that the composition of the participants with powers in the system of public administration has changed. By involving non-profit organizations in the system of public administration, the State pursues the goal of reducing the “visible” role of the State in various spheres of economy and a political sphere. Due to the transfer of certain public powers of the State to non-profit organizations, such organizations will combine different aspects of the legal nature of the organizations, in particular the intertwined civil law status and the administrative law status, since the same normative legal acts are used without taking into account the peculiarities of legal relations in which the relevant types of non-profit organizations participate. The difference between the legal status, the legal status of a non-profit organization as a participant of administrative legal relations and a non-profit organization as a participant of civil law relations is that in civil law a non-profit organization is considered as an organizational and legal form of a legal entity — a participant of transactions and relations regulated by civil law; under administrative law and in administrative-procedural relations it is treated as a form of implementation of public rights of citizens in the sphere of public administration, certain public powers of the State in the sphere of public administration. Attention is drawn to the duality of the legal status of non-profit organizations, that is associated, among other things, with different moments of their legal personality. The moment of emergence of capacity under administrative law and legal capacity differs from the similar moment of emergence capacity under civil law and legal capacity.
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Prakasa, Satria Unggul Wicaksana. "ECOCIDE CRIMES & OMNIBUS LAW: REVIEW OF INTERNATIONAL LAW AND ITS IMPLICATIONS ON INDONESIA LAW." Jurnal Dinamika HAM (Journal of Human Rights) 12, no. 2 (January 29, 2021): 14. http://dx.doi.org/10.24123/jdh.v12i2.2898.
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Abstract: Omnibus Law which seeks to simplify 79 laws and 1288 articles. The Omnibus Law, a number of articles has the potential to remove the protection of rights, obsess over the human rights of citizens, particularly in relation to civil and political, economic, social and cultural rights, and with regard to law enforcement for environmental destroyers who are weak. The research used socio-legal research methods. The results of the study are the limitations in prosecuting perpetrators of ecoside crimes only in war crimes, making it difficult to hold responsibility for crimes committed, both against individuals and multinational/transnational corporations. Omnibus Law has enormous potential to perpetuate the practice of ecocide crime systematically both in the political, legal, and socio-economic, cultural aspects. Thus, there is no reason to strengthen that the Omnibus Law is in fact favoring environmental destruction, and perpetuating the practice of impunity for perpetrators of environmental damage crimes.
Keywords: Ecoside Crimes, Law Enforcement, Omnibus Law
Abstrak: RUU Omnibus Law Cipta Kerja yang berupaya menyederhanakan 79 UU dan 1.288 Pasal. RUU Omnibus Law Cipta Kerja, sejumlah pasal berpotensi menghapus perlindungan hak, merepsesi HAM warga negara, khususnya terkait dengan hak-hak sipil dan politik dan ekonomi, sosial dan budaya. Serta berkenaan dengan penegakkan hukum bagi perusak lingkungan yang lemah. Metode penelitian yang digunakan adalah menggunakan metode penelitian sosio-legal. Hasil penelitian adalah Keterbatasan dalam penuntutan pelaku kejahatan ekosida hanya pada kejahatan perang membuat sulitnya meminta pertanggungjawaban atas kejahatan yang dilakukan, baik terhadap individu maupun korporasi multinasional/transnasional. RUU Omnibus Law Cipta Kerja menjadi potensi yang sangat besar untuk melanggengkan praktik kejahatan ekosida yang secara sistematis baik dalam aspek politik hukum, maupun sosial ekonomi, kebudayaan. Sehingga, tidak ada alasan yang menguatkan bahwa RUU Omnibus Law Cipta Kerja ini justru memihak pada pengrusakan lingkungan, serta melanggengkan praktik impunitas bagi pelaku kejahatan kerusakan lingkungan.
Kata kunci: Kejahatan Ekosida, Penegakkan Hukum, RUU Omnibus Law
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Jaśkowski, Marek. "External Aspects of the EU ETS in Aviation in Light of CORSIA." International Community Law Review 23, no. 2-3 (June 29, 2021): 271–82. http://dx.doi.org/10.1163/18719732-12341477.
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Abstract According to International Civil Aviation Organization (ICAO) Assembly Resolution A40-19, the Carbon Offsetting and Reduction Scheme for International Aviation mechanism (CORSIA) is to be the only global market-based measure (MBM) applied to CO2 emissions from international aviation. This solution has been dictated by the intention to avoid a patchwork of duplicative State or regional MBMs and to ensure that international aviation CO2 emissions should be accounted for only once. The present contribution assesses the margin of autonomy left for Emissions Trading System of the EU (EU ETS) mechanism in the light of this clause, considering its legal status and divergent interpretations. Moreover, the recent 2020 roadmap for revision of the EU ETS Directive concerning aviation, published by the European Commission, is briefly discussed.
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Stawarska-Rippel, Anna. "TRZY TRANSFORMACJE W PROCEDURZE CYWILNEJ W POLSCE W XX WIEKU. WZORCE ROZWIĄZAŃ." Zeszyty Prawnicze 11, no. 2 (December 21, 2016): 353. http://dx.doi.org/10.21697/zp.2011.11.2.18.
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THREE TRANSFORMATIONS OF CIVIL PROCEEDINGS IN POLAND IN THE 20TH CENTURY. THE LEGAL PATTERNS Summary Poland’s history over the last century was an eventful period of political, state and legal change. There were three transformations of judicial law due to changing political circumstances in twentieth century Poland. The first transformation occurred when independence was gained in 1918. At that point in Poland five different legal system were in force. The decision to temporarily keep the law of the occupying powers until the new Polish legal system was created was taken by the Polish authorities. The work on Polish civil procedure began in November 1919. Using the comparative method all modern legal answers within European civil procedures, which equated with Polish Law, were drafted in the Polish Code of Civil Procedure. The second transformation in Polish judicial law began after World War II, when Poland found itself under the political influenceof the USSR. Formal maintenance of the law of the Second Republic of Poland was decided on in People’s Poland. The legal system of the interwar Poland, including the Code of Civil Procedure (1930), did not square with the principles of the new state system. Code of Civil Procedure (1930) had been „adapted“ to contemporary governance, plitical and ideological so that it would mirror as much as possible the Soviet model. The new Code of Civil Procedure that was adopted during November 1964 retained its binding force so far. However when the third transformation came about soon after 1989, the existing system of law was revised to eliminate the rules and principles characteristic of the socialist legal system. Amendments of the Code of Civil Procedure (1964) have increased the adversarial aspect of civil proceedings. The possibility of the court to order the investigations during the civil procedure was eliminated, but the possibility of the court to obtain evidence ex officio was kept which is intended to guarantee the implementation of the principles of truth, in legal sense and not in the ideological sense.
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Turii, O. V. "State policy in the field of civil society cooperation, executive and local government: legal and managerial aspects." Public administration aspects 6, no. 6-7 (August 14, 2018): 38–44. http://dx.doi.org/10.15421/151837.
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The article describes the main factors of the development of civil society in Ukraine. Civil society as an independent and self-governing institution can and must play a powerful transformative and protective role in periods threatening for the state. It is thanks to civil society institutions that the state has a chance to escape from the threat of authoritarianism and disintegration through the development of volunteer, charitable and voluntary movements and the example of the Ukrainian state in recent years is another confirmation of this. Interaction of civil society and state institutions should be based on partnership, mutual interest in achieving the goals related to the process of democratization of all spheres of public administration and public life, socio-economic and spiritual progress, and comprehensive protection of the rights and freedoms of man and citizen. It is the state of development of relations between local executive authorities, local self-government bodies and structural entities of political parties, civil society institutions that demonstrates the democratic and publicity of processes and the realism of the steps of the formation of civil society in the regions of the country. An important part of this process is the creation of effective mechanisms for coordinating the communicative efforts of public authorities, which will enable united efforts in solving common problems, avoid duplication of functions, and simplify organizational structure. However, the article analyzes the principles of interaction of civil society organizations with state authorities and their influence on the development of the rule of law, identifies a number of problematic issues regarding cooperation between the authorities and the public, as well as suggests ways of solving problems in the interaction of civil society institutions with state authorities.
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Huang, Reyko. "Rebel Diplomacy in Civil War." International Security 40, no. 4 (April 2016): 89–126. http://dx.doi.org/10.1162/isec_a_00237.
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In the midst of civil war, rebel groups often expend significant resources opening offices in foreign capitals, meeting with heads of state, expanding their overseas networks, appealing to international organizations, and contacting foreign media. Existing scholarship has generally neglected international diplomacy as an aspect of violent rebellion, focusing instead on rebel efforts at domestic organization. A systematic documentation of rebel diplomacy in post–1950 civil wars using new quantitative and qualitative data shows that rebel diplomacy is commonplace and that many groups demonstrate as much concern for overseas political campaigns as they do for domestic and local mobilization. Diplomacy, furthermore, is not a weapon of the militarily weak, but a tactical choice for rebel groups seeking political capital within an international system that places formidable barriers to entry on nonstate entities. An original analysis of the diplomacy of the National Union for the Total Independence of Angola in the Angolan civil war using archival sources further demonstrates why rebels may become active diplomats in one phase of a conflict but eschew diplomacy in another. More broadly, the international relations of rebel groups promise to be an important new research agenda in understanding violent politics.
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Thielbörger, Pierre. "The “Essence” of International Human Rights." German Law Journal 20, no. 6 (September 2019): 924–39. http://dx.doi.org/10.1017/glj.2019.69.
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AbstractWhile the “essence” of EU fundamental rights has received much attention following the CJEU’s Schrems decision, the concept of “essence” remains much less examined in international human rights law. Nonetheless, a concept of “essence” for human rights can also be found in international law. This Article discusses different aspects of the “essence” concept in international human rights law, namely non-derogability, non-restrictability, and minimum core, in three steps. First, the Article looks at civil political rights and socioeconomic rights separately and identifies two different approaches to the concept of essence for each of the two categories: While for civil and political rights the concept of essence is mainly linked to the notions of non-derogability and non-restrictability, for socioeconomic rights, the concept refers mainly to the states’ obligation to guarantee an essential level of protection independent of their resource limitations. Second, the Article continues by reading the two approaches together and identifies certain elements of an overarching “essence” concept. Finally, the Article discusses the relationship between the CJEU’s “essence” jurisprudence and the related concepts in international law and concludes with two theses: First, international law deserves more attention when reflecting on the EU’s concept of essence. It equally employs concepts of “essence” and also informs the development and interpretation of EU law. Second, when engaging with the question of whether the EU law should draw lessons from its international counterpart on the notion of “essence,” one must contemplate drawbacks for EU law that the concept has presented for international law.
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Podorozhna, Tetiana, and Oleksandr Kotukha. "“Living law” and human rights as a value-based coordinate system." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 30–34. http://dx.doi.org/10.36695/2219-5521.3.2020.03.
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The article considers the concept of human rights in terms of sociology of law. The modernization and expansion of the interpretationof human rights in the context of the sociological approach are emphasized. It is noted that the term “human rights” is quite comp -lex, its semantic meaning is multifaceted, it can be interpreted as philosophical, as political (if demonstrated, for example, as an objectof political will), as legal (if positioned, for example, as a subject of judicial protection), and as sociological (if studied as a social phenomenonby means of public opinion). From the sociological point of view, the understanding of the term “human rights” encompassesseveral aspects expanding its content. Firstly, the main purpose of human rights is to ensure the individual’s dignity, the conditions forthe realization of his or her rights, including: a) the system of international and national norms enshrining the individual’s status, therules of relations between individuals and between an individual and a state; b) a social opportunity provided by a norm and protectedby the state and belonging to a specific subject. Secondly, human rights, along with other sociological terms and categories, are integratedinto sociology as they are directly and inextricably linked to various aspects of public life.It is emphasized that without ensuring the rights and freedoms of all social strata and groups, it is impossible to create a fullfledgeddemocratic system. At the same time, it is through the structures and institutions of civil society that the basic rights and freedomsof all citizens are ensured, including those who are under investigation, serving sentences or having been declared incompetentdue to any reason.It is concluded that human rights in its sociological interpretation are a phenomenon integrated in society, which has its ownexpressed social nature, internal and external subject relations and interdependence of various aspects; human rights belong to everyone,and their ensuring serves as a guarantee for socially active behavior. From the sociological point of view, this synthesis of nume -rous aspects of the concept of human rights allows proposing the concept of human rights, according to which they are the object ofsociological study of reality, its integral component.
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Chatterjee, Nandini. "English Law, Brahmo Marriage, and the Problem of Religious Difference: Civil Marriage Laws in Britain and India." Comparative Studies in Society and History 52, no. 3 (June 18, 2010): 524–52. http://dx.doi.org/10.1017/s0010417510000290.
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On the face of it, civil marriage represents both the most typical and most anodyne aspect of modern law. One might say that by instituting civil marriage, a bureaucratic, enumerative, and secularized state permits its subjects absolute individual choice of marital partners, and concurrently, by refusing to take into account the religious affiliation of any party, grants total freedom of religious faith. As such, it may be seen as a quintessentially modern phenomenon, connected through the adjective “civil” with other distinctively modern concepts such as civil society, all of which point to a notion of individual liberty, predicated upon a modern state guaranteeing the autonomy of large arenas of social life.
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Jia, Xijin. "Analysis on the Effect of China’s Overseas ngo Law under the Differences in Legal Thinking." China Nonprofit Review 9, no. 1 (June 21, 2017): 23–43. http://dx.doi.org/10.1163/18765149-12341321.
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The Law on the Management of Overseas NGOs’ Activities in Mainland China has come into effect on January 1, 2017. Ever since its second draft was unveiled to the public and then the final draft was adopted, Chinese and international civil society organizations have expressed their concerns and criticisms, far beyond the expectation of the Chinese government that intends to regulate illegal activities and protect legitimate rights with this law. This paper argues that the unexpected responses are provoked not only by the political purpose behind the adoption of this law – to safeguard national security – but also by the different interpretations of the law due to the differences in legal thinking. Beginning with an analysis of the law’s text, this paper continues to look at the regulatory framework and what has provoked the unexpected responses from the public, examines the differences in legal thinking – an underlying issue in this regard, and proposes that to ensure the effective enforcement of the law efforts should be made in three aspects, i.e. making clarification, establishing standard procedures, and protecting rights, to settle the idea differences between the legislature and the overseas civil society.
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Shachar, Ayelet. "Faith in law?" Philosophy & Social Criticism 36, no. 3-4 (March 2010): 395–411. http://dx.doi.org/10.1177/0191453709358834.
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This article evaluates demands for privatized diversity that destabilize traditional notions of separation of state and religion, by asking secular authorities to adopt a hands-off, non-interventionist approach, placing civil and family disputes with a religious or cultural aspect beyond the official realm of equal citizenship. This potential storm to come must be addressed head on because it mixes three inflammatory components in today’s political environment: religion; gender; and the rise of a neo-liberal state. The volatility of these issues is undisputed; they require a mere spark to ignite. The standard legal response to this challenge is to seek shelter behind a formidable ‘wall of separation’ between state and religion, even if this implies turning a blind eye to the concerns of religious women — especially those caught in the uncoordinated web of secular and religious marriage bonds. I will advance a different approach. By placing these once-ignored agents at the centre of analysis, this article explores the idea of permitting a degree of regulated interaction between religious and secular sources of identity and obligation, so long as the baseline of citizenship-guaranteed rights remains firmly in place.
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Ssenyonjo, Manisuli. "The Domestic Protection and Promotion of Human Rights under the 1995 Ugandan Constitution." Netherlands Quarterly of Human Rights 20, no. 4 (December 2002): 445–83. http://dx.doi.org/10.1177/016934410202000404.
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This article examines the domestic constitutional framework for protection and promotion of human rights in Uganda. It considers the historical evolution of Uganda's Bill of Rights in the context of Uganda's history, which has been characterised by gross human rights violations. It observes that in 1986 Museveni under his ‘Movement’ or ‘no-party’ government declared a period of ‘fundamental change’, but argues that despite some positive aspects, the change as related to the protection and promotion of human rights has been far from being ‘fundamental’. It contends that, although the 1995 Ugandan Constitution attempts to protect human rights, the constitutional restrictions on civil and political rights and the relegation of most economic and social rights as ‘directive principles' coupled with elastic executive powers together with the ‘no-party’ political system undermine the effective protection and promotion of civil, political as well as economic, social and cultural rights. The article concludes by calling for a democratic constitutional reform representative of all interest groups, judicial activism on the part of the Ugandan Judiciary and Human Rights Commission and developing a culture of constitutionalism in Uganda to give effect to the indivisible and interdependent nature of all human rights in accordance with Uganda's international human rights obligations as a State party to the two international human rights covenants on civil and political as well as economic, social and cultural rights.
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Hoss, Aila. "Federal Indian Law as a Structural Determinant of Health." Journal of Law, Medicine & Ethics 47, S4 (2019): 34–42. http://dx.doi.org/10.1177/1073110519898041.
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Federal Indian law is the body of law that defines the rights, responsibilities, and relationships between three sovereigns, Tribes, states, and the federal government. This area of law has defined, oftentimes poorly, the contours of treaty rights, criminal and civil jurisdiction, economic development, among other issues. Much has been documented in terms of the implications of social, legal, political, and economic systems that perpetuate inequities amongst American Indian and Alaska Native populations. There has also been substantial research on health inequalities. Yet, there has been less discussion on the role of law in perpetuating these adverse health outcomes in these populations. The social and structural determinants of health are the factors and conditions, such as housing, education, and politics, that create health disparities. For years, law has been described as a tool to promote health and even a determinant of health. And while research has explored Tribal health laws and federal Indian health policies, more needs to be analyzed in terms of the role of foundational principles of federal Indian law in perpetuating health disparities. This article argues that federal Indian law is a structural determinant of health by linking health disparities to the constructs of this body of law.
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Sunnat Qizi, Rakhimdjanova Dilnavoz. "THE CONCEPT OF THE IDEA OF FREEDOM IN ANCIENT AND MEDIEVAL PHILOSOPHY." Psychology and Education Journal 58, no. 1 (February 1, 2021): 4553–63. http://dx.doi.org/10.17762/pae.v58i1.1562.
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The article gives the formation and development of the idea of freedom in the ancient and medieval European philosophical tradition. On the basis of the analysis it becomes clear that the modern understanding of the idea of freedom, as well as the ideas of law, justice and civil society take their roots in the philosophy of Antiquity and Middle Ages. The subsequent movement of philosophical and political thought only develops in more detail both theoretical categories and "applied" aspects of this notion, on the basis of which modern democratic states are built.
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Tushnet, Mark. "The Legitimation of the Administrative State: Some Aspects of the Work of Thurgood Marshall." Studies in American Political Development 5, no. 1 (1991): 94–118. http://dx.doi.org/10.1017/s0898588x00000171.
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The judicial role in the construction of the twentieth-century state was decisively structured by the interaction of developments in jurisprudence and by changes in the organization of the regulation of economic activity. Individual judges brought their backgrounds and political predispositions to the task as well, and we will gain a full understanding of the judicial role in structuring the state only by integrating biography, jurisprudence, and political economy. This article examines the work of Justice Thurgood Marshall in constructing the post-New Deal settlement of the relations among people in their capacity as consumers, people in their capacity as workers, and capital. That settlement was expressed in legal forms that departed from the common law doctrines that had for two centuries provided one of the legitimating ideologies of social relations. With the construction of the administrative state came the need to reconstitute not only the legal structures that supported the agencies of government, but also the ideological structures that explained the legitimacy of these innovations. While legal academics articulated carefully thought out defenses of the administrative state, judges provided the citizenry with less developed but, perhaps, more easily understood ideologies. Justice Marshall's work in areas of labor law and civil procedure provides insight into the dimensions of the legal legitimation of the administrative state, while his unique experience as a lawyer and his place within the Court illuminate the importance of biographical factors in a full explanation of the construction of the legal structures of the administrative state.
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Sarian, Viliam K., Anatoly P. Nazarenko, and Aleksey I. Frolov. "The Digital Personal Emergency Rescue System: economic and legal aspects." T-Comm 14, no. 11 (2020): 33–38. http://dx.doi.org/10.36724/2072-8735-2020-14-11-33-38.
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The article presents the results of the interdisciplinary study of technical, economic and legal issues related to the introduction and the implementation of The Digital Personal Emergency Rescue System. The research methodology is rooted on aims of strategy for building the digital economy.The proposed concept of The Digital Personal Emergency Rescue System is based on the Internet of Things (IoT) technology. The indicated technology allows transmitting evacuation control commands and safe evacuation routes to each cellular communication client. Evacuation orders are taken on the basis of an analysis of the signals of IoT sensors installed on things (physical objects).There is a general methodological problem of research -interdisciplinarity. The reader's attention is focused on particular scientific problems of The Digital Personal Emergency Rescue System: a psychological problem (the problem of human over-optimism), economic problems, political and legal problems. The international legal and constitutional aspects of ensuring the right to life and personal security of citizens in the context of the study are examined. The problems of administrative, civil and criminal law relatedto The Digital Personal Emergency Rescue System are emphasized.
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GÜMPLOVÁ, PETRA. "Popular sovereignty over natural resources: A critical reappraisal of Leif Wenar’sBlood Oilfrom the perspective of international law and justice." Global Constitutionalism 7, no. 2 (June 11, 2018): 173–203. http://dx.doi.org/10.1017/s2045381718000114.
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Abstract:The article discusses the concept of popular sovereignty over natural resources and its possible applicability to a broader account of natural resource justice based on a moral interpretation of international law. Leif Wenar’s recent proposal to entrench popular resource sovereignty as a counterclaim to illegitimate uses of natural resources by corrupt and authoritarian regimes serves as the starting point for the discussion of the possible meaning of popular resource sovereignty and its role in an account of natural resource justice. Three key aspects of Wenar’s conception are in focus: 1) the framing of popular resource sovereignty within the current system of sovereign territoriality, 2) the notion of collective ownership of natural resources as the content of popular resource sovereignty, and 3) civil and political rights as the key set of norms determining the conditions of legitimate exercise of resource sovereignty. The article argues that collective sovereignty claims over natural resources can neither be framed exclusively through boundaries of current sovereign states, nor understood in terms of full and unlimited property rights. Concerning civil and political rights, I argue we need to move past the liberal conception of legitimacy toward a more comprehensive human rights-based conception of justice serving as a standard for assessment of legitimacy of both sovereign and non-sovereign entities which have rights over natural resources.
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Arayssi, Mahmoud, and Ali Fakih. "Institutions and development in MENA region: evidence from the manufacturing sector." International Journal of Social Economics 42, no. 8 (August 10, 2015): 717–32. http://dx.doi.org/10.1108/ijse-07-2014-0136.
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Purpose – The purpose of this paper is to study the role of institutions (including civil law origin), financial deepening and degree of regime authority on growth rates in the Middle East and North Africa region. Design/methodology/approach – This paper examines the implications of industrial firm-related and national factors for the determinants of economic growth using panel data through a fixed effect model. Findings – The results reveal that English civil law origin and the establishment of the rule of law work with the development of financial institutions to increase economic growth in these economies; however, the democratization of the political institutions and foreign direct investment do not assist financial development in promoting economic growth. Research limitations/implications – Data covered is limited to four years. Social implications – The findings emphasize the prominence of overcoming institutional weaknesses and establishing transparent public policy governing businesses as a pre-requisite for successful universal integration in developing countries. Originality/value – This paper contributes to the literature on the relationship between finance and economic growth in two aspects. First, the authors focus on the contribution of the institutional setting and its interaction with the financial development and how this affects economic growth of the manufacturing firms. Second, the authors explore the relationship between the role of institutions, governance, the country civil law origin and the economic growth.
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SCHJOLDEN, LINE. "Sentencing the Social Question: Court-Made Labour Law in Cases of Occupational Accidents in Argentina, 1900–1915." Journal of Latin American Studies 41, no. 1 (February 2009): 91–120. http://dx.doi.org/10.1017/s0022216x08005129.
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AbstractThis article shows how Argentine judges effectively came to make labour law when ruling in occupational accident cases between 1900 and 1915. During this period, in the absence of a specific occupational accident law, a number of Argentine workers who had been victims of occupational accidents sued their employers for damages according to the Civil Code. By reinterpreting the principles of the Civil Code in these cases, Argentine judges attempted to accommodate aspects of a new social and economic reality to an increasingly outdated legal framework. The article argues that, in doing so, these judges articulated their own solution to one of the central issues of the time: the ‘social question’. Furthermore, the article shows how the judiciary's particular solution to the social question effectively defined the kind of citizenship rights workers were able to claim in court.
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Turii, O. V. "Legal aspects of interaction of public organizations with local self-government bodies." Public administration aspects 6, no. 8 (September 5, 2018): 15–23. http://dx.doi.org/10.15421/151842.
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The article deals with the basic legal acts defining the procedural aspects of the interaction of local self-government bodies with non-governmental organizations. Particular attention is paid to the coverage of international acts ratified by Ukraine and regulates the issues of such cooperation. The article highlights the dependence of the development of local self-government on the civil and political activity of the population. A detailed study of problems in the relationship of local self-government with citizens, associations of citizens, mass media and other civil society institutions has been formulated, proposals have been formulated to improve the solution of identified problems. As a result of the research, the author concluded that the main problem on the way of democratization of the national legislation of Ukraine is the inactive and ineffective participation of the public in the formation and implementation of state policy. The European Convention on Human Rights determines that the state must ensure the right of citizens to participate in the management of public affairs in order to establish a democratic and legal society, however, there are no mechanisms established by law for such participation. Investigation of the existing regulatory framework in Ukraine to ensure basic legal guarantees of citizens’ participation in the development and implementation of management decisions by local self-government bodies proves that not only these guarantees are not detailed, but also none of the existing normative acts establish clear procedures for ensuring the rights of citizens from the bodies of local self-government information regarding the issues discussed and regulated by these bodies, adopted regulatory acts, projects and mechanisms for the adoption of achymyh decisions for society. The article contains a number of concrete proposals for solving the problems of forming the basis of cooperation between local self-government bodies, the legal regulation of control and supervision activities in the field of local self-government, conflict resolution between local self-government bodies and civil society organizations, improvement of legal regulation of liability for non-compliance with legislation on civil cooperation society with local self-government bodies.
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Garrido López, Carlos. "El dilema de la democracia en el interior de los partidos." Teoría y Realidad Constitucional, no. 40 (January 17, 2018): 317. http://dx.doi.org/10.5944/trc.40.2017.20915.
Full textAbstract:
Los partidos siguen siendo instrumentos indispensables de la democracia de masas, pero su deriva organizativa ha de ser frenada a fin de asegurar en sus fuentes la libertad del proceso político. Ante el fracaso de la aurroregulación urge la intervención legal. El legislador debe reequilibrar el poder en el interior de los partidos, preservando las condiciones para el ejercicio democrático y abriendo cauces efectivos de participación y rendición de cuentas en su seno. La reforma de la LOPP resulta inaplazable, siguiendo en algunos aspectos el modelo de la Parteiengesetz y, en otros temas, como la designación de los candidatos electorales, adoptando las experiencias comparadas más consolidadas, como la detallada regulación contenida en las leyes electorales alemana y finlandesa, o las experiencias más innovadoras, como la generalización de primarias abiertas reguladas por ley llevada a cabo en varios países. Así lo defiende parte de la doctrina. Y así lo ha demandado también la sociedad civil, desde que la indignación que cristalizó el 15 de mayo de 2011 sirviera de catalizador de diversas demandas de regeneración democrática. Este trabajo se centra en el estudio de estas propuestas, tras analizar las carencias de la exangüe disciplina legal de los partidos y su funcionamiento interno escasamente democrático.Political parties remain indispensable instruments of mass democracy, but their organisational drift needs to be stopped in order to ensure freedom of participation in the political process. In view of the failure of self-regulation, there is a pressing need for legal intervention. The legislator must re-establish the balance of power inside political parties, preserving conditions for democratic governance and opening up practical channels for internal participation and accountability. Reform of the Organic Law on Political Parties (LOPP) cannot be postponed any longer, in some aspects by following the model of the Parteiengesetz, and in other matters, such as the selection of electoral candidates, by either adopting the most firmly established compared experiences, such as the detailed regulation of the selection process included in German and Finnish electoral laws, or more innovative experiences, such as the general implementation of open primary elections regulated by law, as adopted by many countries. That is how part of legal doctrine defends it. And that is how civil society has also demanded it, since the outrage that crystallised on 15th May 2011 served as a catalyst for various demands for democratic regeneration. This study focuses on the analysis of these proposals, after analysing the shortcomings of the weak legal discipline of political parties and their barely democratic internal functioning.